Law Commons^™

Statutory Genres: Substance, Procedure, Jurisdiction, Karen Petroski

Loyola University Chicago Law Journal

To decide many cases, courts need to characterize some of the legal rules involved, placing each one in a specific doctrinal category to identify the rule’s effect on the litigation. The consequences of characterization decisions can be profound, but the grounds for making and justifying them are often left unstated. This Article offers the first systematic comparison of two important types of legal characterization: the distinction between substantive and procedural rules or statutes, a distinction federal courts make in several contexts; and the distinction between jurisdictional and nonjurisdictional rules, especially those relating to litigation filing requirements. The Article explains the …

John Courtney Murray, S.J.: The Meaning Of Social Justice In Catholic Thought, Robert John Araujo

Loyola University Chicago Law Journal

No abstract provided.

Class Actions And State Authority, Samuel Issacharoff

Loyola University Chicago Law Journal

As experiments with class actions spread to more distant shores, especially in countries of civil law backgrounds, a recurring question arises: what is the relation of the private class action to the customary regulatory power of the state? The response offered here is that, in fact, the class action stands in three different postures to state authority: as a direct challenge, as a complement, and as a rival. Recent class action cases in the U.S. are analyzed to examine these three functions and to give a distinct justification for each. At bottom, each justification turns on a contested commitment to …

Is The Class Half-Empty Or Half-Full?, Kenneth R. Feinberg

Loyola University Chicago Law Journal

No abstract provided.

Class Actions Along The Path Of Federal Rule Making, Vaughn R. Walker

Loyola University Chicago Law Journal

No abstract provided.

Due Process And The Future Of Class Actions, Alexandra D. Lahav

Loyola University Chicago Law Journal

No abstract provided.

Hate Speech, Genocide, And Revisiting The "Marketplace Of Ideas" In The Digital Age, Karen Eltis

Loyola University Chicago Law Journal

No abstract provided.

Formulating A New Atrocity Speech Offense: Incitement To Commit War Crimes, Gregory S. Gordon

Loyola University Chicago Law Journal

No abstract provided.

Fulfilling The U.S. Obligation To Prevent Exterminationism: A Comprehensive Approach To Regulating Hate Speech And Dismantling Systems Of Genocide, Sarah E. Ryan

Loyola University Chicago Law Journal

No abstract provided.

Crying Foul: Whistleblower Provisions Of The Dodd-Frank Act Of 2010, Umang Desai

Loyola University Chicago Law Journal

No abstract provided.

The Summary Judgment Changes That Weren't, Lee H. Rosenthal

Loyola University Chicago Law Journal

No abstract provided.

Fiction Outsells Non-Fiction, Steven K. Baum

Loyola University Chicago Law Journal

No abstract provided.

The 25th Anniversary Of The Summary Judgment Trilogy: Much Ado About Very Little, Linda S. Mullenix

Loyola University Chicago Law Journal

No abstract provided.

Finding Room For Fairness In Formalism--The Sliding Scale Approach To Unconscionability, Melissa T. Lonegrass

Loyola University Chicago Law Journal

No abstract provided.

The Impact Of The Rise And Fall Of Chevron On The Executive's Power To Make And Interpret Law, Linda D. Jellum

Loyola University Chicago Law Journal

The Supreme Court’s willingness to defer to agency interpretations of ambiguous statutes has vacillated over the past seventy years. The Court’s vacillation has dramatically impacted the executive’s power to make and interpret law. This Article examines how the Court augmented then constricted executive lawmaking power and ceded then reclaimed executive interpretive power with a single case and its legal progeny.

Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.¹ and its aftermath dramatically altered the executive’s power to make and interpret law. Prior to Chevron, Congress had the primary responsibility for lawmaking, while agencies made policy choices primarily …

Re-Thinking Illegal Entry And Re-Entry, Doug Keller

Loyola University Chicago Law Journal

This Article traces the history of two federal immigration crimes that have long supplemented the civil immigration system and now make up nearly half of all federal prosecutions: illegal entry and illegal re-entry. Little has been previously written about the historical lineage of either crime, despite the supporting role each has played in enforcing the nation’s civil immigration laws, particularly along the U.S.-Mexico border. This Article takes a critical look at the enforcement of each crime—-from when they were initially conceived of as a way to deter illegal immigration, then as a way to target dangerous aliens, and most recently …

Reflections On The Future Of Class Actions, Robert H. Klonoff

Loyola University Chicago Law Journal

This Essay, a condensed version of a longer piece that is forthcoming in the Washington University Law Review, argues that in recent years courts have cut back sharply on the ability to bring class action lawsuits. The Essay surveys ten disturbing trends, each of which makes it increasingly difficult for class representatives and counsel to obtain class certification.

Summary Pre-Judgment: The Supreme Court's Profound, Pervasive, And Problematic Presumption About Human Behavior, Michael J. Kaufman

Loyola University Chicago Law Journal

No abstract provided.

New Law, Old Cases, Fair Outcomes: Why The Illinois Supreme Court Must Overrule People V Flowers, Timothy P. O'Neill

Loyola University Chicago Law Journal

No abstract provided.

The Right To Counsel Denied: Confusing The Roles Of Lawyers And Guardians, Alberto Bernabe

Loyola University Chicago Law Journal

No abstract provided.

Lebron V. Gottlieb Memorial Hospital: Why The Court Erred In Finding That Caps On Jury Awards Violate Separation Of Powers, Ryan Kenneth June

Loyola University Chicago Law Journal

No abstract provided.

Recourse Under § 10(B) On Life Support: The Displacement Of Liability And Private Securities Fraud Action After Janus V. First Derivative, Enzo Incandela

Loyola University Chicago Law Journal

No abstract provided.

The Efficiency Of Summary Judgment, Edward Brunet

Loyola University Chicago Law Journal

Summary judgment provides several efficiencies essential to a smoothly running litigation system. Perhaps the most important feature of summary judgment is the "settlement premium" set forth in this Essay. When a motion for summary judgment is denied, the nonmoving party achieves a form of premium that enables a case to settle for an additional amount. Put simply, the settlement value of a case increases when a motion for summary judgment is denied. Thus, denials of summary judgment up the ante in the litigation game. This dynamic is underappreciated by summary judgment critics who over-focus on grants of summary judgment. The …

Taking Cognitive Illiberalism Seriously: Judicial Humility, Aggregate Efficiency, And Acceptable Justice, Jeffrey W. Stempel

Loyola University Chicago Law Journal

No abstract provided.

Advance Consent To Aggregate Settlements: Reflections On Attorneys' Fiduciary Obligations And Professional Responsibility Duties, Carol A. Needham

Loyola University Chicago Law Journal

No abstract provided.

Legal Process In A Box, Or What Class Action Waivers Teach Us About Law-Making, Rhonda Wasserman

Loyola University Chicago Law Journal

The Supreme Court’s decision in AT&T Mobility LLC v. Concepcion advanced an agenda found in neither the text nor the legislative history of the Federal Arbitration Act. Concepcion provoked a maelstrom of reactions not only from the press and the academy, but also from Congress, federal agencies, and lower courts, as they struggled to interpret, apply, reverse, or cabin the Court’s blockbuster decision. These reactions raise a host of provocative questions about the relationships among the branches of government and between the Supreme Court and the lower courts. Among other questions, Concepcion and its aftermath force us to grapple with …

Summary Judgment: What We Think We Know Versus What We Ought To Know, Brooke D. Coleman

Loyola University Chicago Law Journal

No abstract provided.

Illinois Venue Reform: Not Tort Reform Rants, Keith H. Beyler

Loyola University Chicago Law Journal

No abstract provided.

Complex Litigation In New Jersey And Federal Courts: An Overview Of The Current State Of Affairs And A Glimpse Of What Lies Ahead, Brian R. Martinotti

Loyola University Chicago Law Journal

No abstract provided.

Accusation In A Mirror, Kenneth L. Marcus

Loyola University Chicago Law Journal

No abstract provided.